Family and Medical Leave Act

Under the Family and Medical Leave Act (FMLA), covered employers must grant eligible employees up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• The birth and care of the newborn child of the employee
• Placement with the employee of a son or daughter for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
• The employee is unable to work because of a serious health condition

Employee Eligibility

In order to be eligible for FMLA leave, employees must:

• Work for a covered employers
• Have worked for the employer for at least one year -Have worked at least 1,250 hours over the previous 12 months
• Work at a location where at least 50 employees are employed by the employer within 75 miles.

Employees do not need to use this leave in one block; leave can be taken intermittently or on a reduced leave schedule when medically necessary. However, they must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.

Covered Employers

The Family and Medical Leave Act applies to all public agencies (including state, local and federal employers and local education agencies), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. This includes joint employers and successors of covered employers.

Unlawful Acts by Employers

The FMLA makes it illegal for any covered employer to:

• Interfere with, restrain, or deny the exercise of any right provided under FMLA
• Discharge or discriminate against any employee for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA

If your employer has violated your right to take FMLA leave, you can file a complaint with the U.S. Department of Labor or bring a private lawsuit against your employer.

Learn More

To learn more about the Family and Medical Leave Act, visit the U.S. Department of Labor website at http://www.dol.gov/esa/whd/fmla/.